OCR Interpretation


The Appeal. (Saint Paul, Minn. ;) 1889-19??, May 02, 1903, Minnesota Law Supplement, Image 7

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Persistent link: http://chroniclingamerica.loc.gov/lccn/sn83016810/1903-05-02/ed-1/seq-7/

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CHAPTER 51H. F. NO. 168.
AN ACT to amend section five (5) of chap
ter two hundred and fifty (250) of the
General Laws for the year eighteen hun
dred and ninety-five (1895), relating to
the duties of surveyors regarding sec
tion and property lines.
Be it enacted by the legislature of tne
State of Minnesota:
Section 1- That section five. (o)
c&a,P~t
ter two hundred and fifty 2o0 .of^.t_n
General Laws for the year 189o, is nere
by amended so as to read as fonow
,f
The said surveyor shall re-establish all
lost government corners, according to ine
i ules of the general land office or tm.
United States, in its printed circular en
titled. "Restoration of lost or obUteratea
orner and subdivisions of sect*cms,
dated March 14, 1901, and aproved[the
san.e date by the secretary of the mtenor.
And from such corners re-established
or from the original government corners
where the same haves not been log. sna
subdivide as set forth the peon. an
sections therein included, according to the
said rules of said general ffl
the subdivision of sections, dated Marcn
14. 1901, approved by the secretary of the
interior on the bame date, (said rules be
lug in accord with the laws of Minnesota
hut more specific in language. He ishall
locate all property lines required by
petition according to all existing authentic
field notes, plats nd other evidencec and
hv the original deeds ift
sa t i
furmshed him, otherwise by the descrip
tions given in the latest tax duplicate
n' than keep complete and accurate
Arid notes of all the work, giving dates
namefof assistants, lengths-and relative
StS anddefnun
Sata^by which the entire
survey can be relocated in the future.
Distances shall be given in feet and
decimals thereof. Substantial line or
other stone monuments shall be Planted
at or near all government corners, re
established, and the names of at least
three resident witnesses must be given
for each monument in such notes. He
shall make a plat on strong linen paper
showing all of the above mentioned facts
practicable to be set forth in the plat,
and shall show thereon all farms or
iracts of land which are benefitedL or at
fected thereby, together withthe owner
names and the acreage of each separate
"sec. 2. This act shall take effect and
be in force from and after its passage.
Approved March 13, 1903.
CHAPTER 52-H. F. NO 51.
manship therein, to regulate the dispo
sition of military funds and^the allow
anre of officers and enlisted men. to
Srescnbe the duties and regulate the
proceedings of armoryboards, and mak
ine further
appropriatioln
for
maino Nationa Guarthean
anof theP
rarrv out the provisions of this act.
Be It enacted by the legislature of the
State of Minnesota:
Section 1 That section ten (10) of chap
ter one hundred and eighteen (118)..Gen-
eral Laws of 1S97, known as the Military
Code he and the same is hereby amended
so as to read as follows:
"Section 10 National Guardine ac
tive mintia. organized, unifonned and
equipped as hereinafter Prescribed, shall
be known as "Minnesota National
GSec?ion 2 That article three (3).of part
one (U composed of sections fourteen
U4 fifteen (15). sixteen (16) seventeen
(17) eighteen (18). nineteen (19),-twenty
twenty-one (21) and twenty-two (22).
of chapter* one hundred and riS*teen
illS) general laws of 1897. known as the
mriitarV code, and the several acts
amendatory thereof, be and the same are
herebi amended so as to read as follows.
"Article 3National Guard:
"Secuin 14 National Guard: Peace
Strength-In time of peace the Minne
sota National Guard shall consist of the
ommander-in-chief the f^"*?,?*. ftoff
o.nl TS chief of *taff. and the other staff
officers mentioned in the two preceding
uuTs Tncluding one chaplain with the
idnk of colonel, and one brigade to be
organized as hereinafter prescribed Pro
Mded. that appointment on the
sta
the commander-in-chief shall nota there
by qualify the officer for the actual com
mand of troops or for any office or com
mon in the National Guard other than
that to which he has been appointed
without the examination and other quall
lications presecribed by law.
The commander-in-chief may. from time
to time, fix the number and grade of
brigade staff officers, regimental and com
pany officers, non-commissioned officers
and other enlisted men which shall con
stitute each organization of the rational
guard now or hereafter authorized by
law provided the change is made to con
form more closely to the number and
grade of officers and enlisted men al
lowed by law. in time of peace, to simi
lar organizations in the army of the
United States, and. provided further,
that unless so changed, said organiza
tion shall remain as now constituted un
der this acte andr thStrength-Thse provision of the
Secti
li
-Wa com
mander-in-chief shall have power, In
case of war. invasion, insurrection, riot.
or imminent danger thereof, to tempo
rarily increase said force, and organize
and equip the same as the exigencies Of
the case may require.
Section 10 The Brigade.-The brigade
shall consist of one brigadier general, one
assistant adjutant general with the rank
of major, one assistant inspector gen
oral one brigade quartermaster, one
brigade judge advocate, one commissarv
of subsistence, one inspector of small
arms practice, one ordnance officer and
one aide-de-camp, each with rank of
captain, three regiments of infantry and
one battalion or corps of artillery, the
latter to include two batteries of artillery
and one company of engineers Provided,
that the membership of no company,
troop or battery shall fall below a mini
mum of forty-six officers and enlisted
"Section 17. Regiments of Infantry
Bands Each regiment of infantry shall
consist of one colonel and one lieutenant
colonel, one regimental surgeon with the
lank of major, one regimental adjutant,
one regimental quartermaster, one regi
mental commissary of subsistence, each
with the rank of captain, two assistant
surgeons, and one judge advocate, each
with the rank of first lieutenant: one
regimental sergeant major, one quarter
master sergeant, one commissary ser
ceant one hospital steward, two acting
hospital stewards, two color sergeants,
not less than two (2) nor more than
three (3) battalions, and one regimental
Each regimental band shall consist of
one chief musician, one principal musi
cian, one drum major, four sergeants,
eight corporals, one cook and twelve
Section 18. Battalions of Infantry.
Each battalion of Infantry shall con
sist of one major, one battalion adjutant
with the rank of first lieutenant, one
battalion sergeant major, and not less
than two (2) nor more than four (4) com
panies.
Section 19. Companies of Infantry.
Each company of infantry shall consist
of one captain, one first lieutenant, one
Fecond lieutenant, one first sergeant, one
Quartermaster sergeant, four sergeants,
PIX corporals, two cooks, two musicians,
one artificer, and not to exceed fifty-six
^Section* 20.' Battalion or Corps of Ar-
tilleryThe battalion or corps of artil
lerv shall consist of one major, one ad
jutant with the rank of captain, one
quartermaster and commissary, one as
sistant surgeon and one ordnance officer,
each with the rank of first lieutenant, one
sergeant major, one quartermaster ser
geant, one commissary sergeant, one
hospital steward, one acting hospital
steward, one chief trumpeter, two bat
teries of artillery and one company of
nd.n6rs
Section 21. Batteries of Artillery.Bach
battery of artillery shall consist of one
captain, two first lieutenants, one second
lieutenant, one first sergeant, one stable
sergeant, one quartermaster sergeant,
fhe sergeants, eight corporals, four ar
tificers, two musicians, two cooks, and
not to exceed sixty privates.
Section 22. Company of Engineers.The
company of engineers shall consist of one
captain, one first lieutenant, one second
lieutenant, one first sergeant, one quar
termaster sergeant, four sergeants, six
corporals, two cooks, two musicians
and not to exceed fifty seven privates."
Sec. 3. That section seventy-four
(74) of chapter one hundred and eighteen
(118), General Laws of 1897, known as
the Military Code, be and the same is
hereby amended so as to read as fol
lows
"Section 74. Staff Officers.The staff
officers of the brigade and of each regi
ment of infantry and of the battalion or
corps of artillery shall be appointed by
the commanding officer thereof, and shall
hold office during his pleasure, subject
to the approval of the commander-in
chief. Provided, that assistant surgeons
who have served as such for five con
secutive years may, upon application, ap
proved by their regimental commander,
be promoted to the rank of captain."
Sec. 4. That section one hundred
and five (105) of said Military Code bs
and the same is hereby amended by add
ing thereto the following:
"The commander-in-chief, may in his
discretion, order and establish special
camps for advanced instruction in rifle
and gun practice, not to exceed six days
in any one year, the attendance to be
limited to such officers and enlisted men
vho have attained a prescribed standard
marksmanship and who may be se
lected for that purpose under suitable
regulations. At the conclusion of said
practice, and from the participants who
have developed unusual proficiency there
in, rifle and gun teams may be formed
who, with the approval of the adjutant
general, may enter official competitions
with similar teams in or from other
states under such rules and regulations
as the adjutant general may prescribe
or assesnt to. Provided, that, in addition
-to subsistence, the pay of officers and en
listed men attending such practice or
competition shall be at the rate pre
scribed for actual service and Provided,
further, that the total cost of said spe
cial camps and competitions, including the
transportation pay, shelter and subsist
ence of the participants, and such med
als and prizes as may be offered, to
gether with all the necessary help and
other accessories, shall not exceed the
sum of three thousand dollars annually
Sec. 5. That section one hundred
and twenty-one (121) of said MiUtary
Code be and the same is hereby amend
ed by adding thereto the following:
"Provided, that there shall be allowed
annually two officers in actual command
of troops, for incidental expenses in the
administration of the affairs of their
respective commands, the following
amounts:
"To the brigadier commander, one hun
dred dollars, to the commanding officer
of each regiment of infantry, two hun
dred and fifty dollars to the command
ing officer of the battalion or corps of
artillery, one hundred and fifty dollars
and to the commanding officer of each
company or battery, one hundred dol
lars, the same to be drawn upon vouch
ers approved by the adjutant general."
Sec. 6. That article seven (7) of part
three (3) composed of sections one hun
dred and twenty-six (126). one hun
and twenty-seven (127), one hundred and
twenty-eight (128), one hundred and
twenty-nine (129), one hundred and
thirty (130), one hundred and thirty-one
(131). one hundred and thirty-two (132).
and one hundred and thirty-three (133),
of chapter one hundred and eighteen
(118). General Laws of 1897. known as
the Military Code be, and the same are
hereby repealed. Provided, however, that
section 9, of chapter 197, General Laws
of 1895, shall not be affected thereby,
but shall remain in full force and effect.
Sec. 7. That sections one (1), two
(2), three (3), four (4), five (5), and six
(6) of chapter fifty-four (54), General
Laws of 1891, entitled "An act to provide
suitable armories for the companies of
the National Guard," approved April 20,
1891, shall hereafter be designated and
known as sections 126, 127, 129, 130, 132
and 133. respectively, of article 7, part 3,
of the Military Code.
Sec. 8. That the second paragraph
of section one hundred and ten (110) of
said Military Code, as amended by section
one (1) of chapter thirty-three (33), Gen
eral Laws of 1902, commencing with the
words "For the purpose of providing,"
and ending with the words "use of such
armory by the national guard," shall
hereafter be designated and known as
section 128 of article 7. part 3. of the
Military Code.
Sec. 9. That section one hundred
and thirty-one (131), of said Military
Code, repealed as aforesaid, be and the
same is hereby superseded by the follow
ing provision:
"Section 131. Armory Boards.In cities
where one or more companies or bat
teries of distinct regiments or arms of the
service are located, the command and
management of the armory, and the ap
pointment of the necessary help em
ployed therein, will devolve upon a board
composed of the senior field or line officer
present from each regiment of infantry
and battalion or corps of artillery hav
ing a company or battery stationed in
such city. The board will act through
the affirmative vote of a majority of its
members, and any resolution offered by
a member of such board, when sub
mitted in writing, though not seconded,
shall be put to a vote and entered on the
minutes together with the action of the
board thereon. In case of a tie vote, and
at the request of any member of the
board, the proceeding will be certified to
the brigade commander, who may there
upon cast the deciding vote and return
the papers to the board with his action
endorsed thereon, subject to an appeal
to the adjutant general
Sec. 10. That section one hundred
and seventeen (117) of said Military Code
be and the same is hereby amended by
adding thereto the following:
"Provided, further, that all enlisted
men, while in any service under orders
of the commander-in-chief shall be en
titled to ten per cent of their original
pay as prescribed in this act, in ad
dition thereto, for each period of five
years' honorable service In the National
Guard."
Sec. 11. That section one hundred
and forty-one (141) of said Military Code
be and the same is hereby amended by
adding thereto the following:
"Provided, that the permanent annual
appropriations for the National Guard
made by the several acts herein men
tioned, or by any act subsequent there
to or subsequent to this act, shall not
lapse with the end of any fiscal year,
nor be canceled or turned over into any
other fund, but shall remain a permanent
appropriation and be available for the
purpose of carrying out the provisions of
the Military Code, and the amendments
thereto, until expended as therein pro
vided, or otherwise disposed of by the
legislature and
Provided, further, that all disburse
ments from any military fund, or from
any fund for the maintenance or equip
ment of the National Guard, shall be
made upon proper vouchers, approved
by the adiutant general, and shall be
paid upon the warrant of the state audi
tor on the state treasurer in the manner
prescribed by section 115 of the Mili
tary Code."
Sec. 12. That section one hundred
and six (106) of said Military Code be and
the same is hereby amended by adding
thereto the following:
"The adjutant general shall have
charge of the state camp grounds and
military reservations, and shall properly
care for and keep in good repair all state
buildings erected thereon, together with
the system of water pipes constructed
thereon or laid by the state on any street
or highway leading to or connecting
with said grounds, and all other military
property belonging to the State of Minne
sota in or about, or used in connection
with said camp grounds, and he may
make such further improvements thereon
as the exigencies of the service may re
quire. Provided, that the total annual
cost of the care, maintenance, extension
and improvement of said grounds, and
the buildings and additions thereon, shall
not exceed the sum of two thousand
five hundred dollars."
Sec. 13. That section 116 of said
Military Code, as amended, be and the
same is hereby further amended by add
ing thereto the following:
"Provided, that where said batteries of
artillery or either of them, shall be
composed of more than two mounted
sections, there shall be paid to the com
manding officers thereof, respectively,
the additional sum of three hundred and
fifty dollars, and to the commanding
officer of the battalion or corps the sum
of one hundred dollars, for horse hire, at
the times and in the manner herein pro
vided." _,,.
Sec. 14. That the additional sum of
fifteen thousand dollars be and the same
is hereby appropriated out of any
moneys in the state treasury not other
wise appropriated, for the current fiscal
year and annually thereafter, for the
purpose of carrying out the provisions of
the Military Code and the several amend
ments thereto, including the care main
tenance, improvement and extension of
the state camp grounds and the buildings
thereon, the rifle and gun practice and
competition herein provided, the mainte
nance and the camp expenses of the Na
tional Guard, and the other provisions of
this act.
Sec 15. This act shall take effect
and be in force from and after its pas
sage.
Approved March 13. 1903.
CHAPTER 53-S. F. NO. 224.
AN ACT entitled an act relating to the
duties and compensation of the county
surveyor and the number and compen
sation of his deputies and assistants in
counties having- a population of at least
one hundred and fifty thousand and not
over two hundred thousand inhabitants.
Be it enacted by the legislature of the
State of Minnesota:
Section 1. That in every county in the
state which now has, or that may here
after have according to the last com
pleted state or national census, at least
one hundred and fifty thousand (150,000)
and not over two hundred thousand (200,-
000) inhabitants, the county surveyor
shall receive from such county a salary
of $2,500.00 per annum, in full payment
for all services performed and traveling
expenses incurred by him or his assist
ants for the county for which he is elect
ed payable in equal monthly installments
out of the county treasury.
Sec 2. Such county surveyor may ap
point a deputy surveyor, a draughtsman,
a rodman and two chainmen who shall re
ceive such compensation from such coun
ty as may be fixed by the board of county
commissioners from time to time, pro
vided that the compensation of such dep
uty county surveyor shall not exceed $4
per day the draughtsman $3 per day the
rodman $2.50 per day. and the chainmen
$2.00 per day each.
Sec. 3. Such deputy shall take the same
oath of office, and shall file the same
bond as is now required to be filed by the
county surveyor, and shall be eligible to
do and perform all acts that can be done
L^J^^f^)ii~^^ "^0'ST^f-sJkJi.^i^ ^,rSse 3 Jh^l%0&i&-?<3k
and performed by such county surveyor
by virtue of his office provided, however,
that on application of the county sur
veyor, the board of county commissioners
may allow such surveyor to appoint addi
tional help and assistance, and provide
for the payment thereof, for such time
as said board shall deem necessary.
Sec. 4. The duties of such county sur
veyor and deputy and draughtsman shall
be to make all surveys, plats, descriptions
and maps thereof, and all other charts
or drawings, and to survey, lay out and
superintend the construction of roads,
bridges and ditches when so required by
the board of county commissioners, and
said county surveyor or his deputy shall
attend at the meetings of said board when
requested thereby.
Sec. 5. All acts and parts of acts in
consistent herewith are hereby repealed.
Sec. G. This act shall take effect and
be in force from and after its passage.
Approved March 14, 1903.
CHAPTER 54S. F. NO. 91.
AN ACT to amend section two hundred
and fifty-seven (257) of chapter forty
six (46) of the General Laws of one
thousand eight hundred and eighty-nine
(1889), being an act establishing a pro
bate code.
Be it enacted by the legislature of the
State of Minnesota:
Section 1. That section two hundred
and fiftv-seven (257) of chapter forty-six
(46) of the General Laws of one thousand
eight hundred and eighty-nine (1889). be
amended so as to read as follows:
Section 257 Such appeal shall suspend
the operations of the order, judgment or
decree appealed from, and stay proceed
ings until such appeal is determined or the
district court, to which such appeal is
taken, shall otherwise order. The district
court in which such appeal may be pend
ing, shall have power in the exercise of a
sound discretion, upon good cause shown,
to require the appellant to give such fur
ther bond with surety, or such further
security to be filed or deposited with the
clerk of such district court, for the pay
ment of damages, in consequence of such
suspension or stav which may be award
ed against such appellant, in case he fail
to obtain a reversal of the order, judg
ment or decree so appealed from, as such
district court may deem proper under the
circumstances provided, that nothing
herein contained shall be construed so as
to prohibit or prevent the probate court
from appointing special administrators or
special guardians, or to prevent special
administrators or special guardians ap
pointed prior to such appeal from con
tinuing to act as such special adminis
trator or special guardian.
Sec. 2. This act shall take effect and
be in force from and after its passage.
Approved March 14, 1903.
CHAPTER 55S. F. NO. 19.
A N ACT to fix the salary of the attorney
general
Be It enacted by the legislature of the
State of Minnesota:
Section 1 That the salary of the at
torney general for the year nineteen hun
dred and three (1903), beginning in the
month of January thereof, and annually
thereafter, shall be forty-eight hundred
(.$4,800) dollars, which sum shall be in lieu
of all other compensation now provided
by law.
Sec. 2. That subdivision six (6) of sec
tion five hundred and thirtv (530) of the
General Statutes of eighteen hundred
and ninety-four (1894), be and the same
is herebv amended by striking out the
words "thirtv-five hundred (3,500,)" and
inserting in lieu thereof the words "forty
eight hundred (4.800)."
Sec. 3. This act shall take effect and be
in force from and after its passage.
Anproved March 14, 1903.
CHAPTER 56-S. F. NO. 126.
A N ACT to amend section one hundred
and forty-three (143) of chapter forty
six (46) of the General Laws of one
thousand eight hundred and eighty-nine
(1889), being an act to establish a pro
bate code, and relating to the service of
notice upon persons proposed to be put
under guardianship by reason of in
comID16ricv
Be it enacted by the legislature of the
State of Minnesota:
Section 1 That section one hundred
and forty-three (143) of chapter forty
six (46) of the General Laws of one
thousand eight hundred and eighty-nine
(1889), be and the same is hereby amend
ed so as to read as follows:
Section 143 Upon the presentation of
such application or petition, the probate
court shall fix the time and place for
the hearing of the same, and shall cause
notice of such hearing, and of the time
and place thereof, to be given to the
person proposed to be put under guar
dianship, at least fourteen (14) days
prior to the time fixed for such hearing
and if such person is an inmate of a state
hospital for the insane, then a like notice
shall be given to the superintendent of
such hospital, and in such case, such
notice, together with two copies of the
same, may be sent to the superintendent
of such hospital by mail, and it is hereby
made the duty of such superintendent to
promptly serve the said notice upon the
person proposed to be put under guar
dianship, or to cause the same to be
served by an employe of the hospital,
and to make, or cause to be made, proof
of such service by affidavit of the person
making the same, without cost or ex
pense, either for the service or proof of
the same, other than the fee of twenty
five cents to the officer administering the
oath.
When such service Is made ana proof
of the same endorsed on or attached to
said original notice, then said superin
tendent shall promptly return the same,
together with his own admission of ser
vice, to the judge of probate by whom
the same was issued, by mail.
Sec. 2. This act shall take effect and
be in force from and after its passage.
Approved March 14, 1903.
CHAPTER 57S. F. NO. 68.
A N ACT to regulate the manufacture
and sale of vinegar, to prevent fraud,
and to preserve public health and to
repeal certain acts and parts of acts
Inconsistent herewith.
Be it enacted by the legislature of the
State of Minnesota:
Section 1. Every person who manufac
tures for sale or offers or exposes for
sale, or sells, as cider vinegar, any vine
gar not made exclusively from pure ap
ple juice, known as apple cider, or any
vinegar into which has been introduced
any artificial coloring, drug, acid or any
su'bstance whatever other than pure ap
ple juice, known as apple cider, shall be
deemed guilty of a misdemeanor.
Sec. 2. All vinegars shall be made
wholly from the substance or substances
from which they purport to be, or are
represented to be made, and shall con
tain no foreign substance or artificial
coloring and shall contain not less than
four and one-half (4%) per centum by
weight of. acetic acid
Sec. 3. Every person who manufac
tures for sale, offers or exposes for sale
or sells any vinegar containing any prep
aration of lead, copper, sulphurio acid,
or other mineral acids, or any acid made
from the distillation of wood, or any other
ingredient injurious to health shall be
deemed guilty of a misdemeanor.
Sec. 4. Each barrel, cask or keg con
taining vinegar sold, offered, or exposed
for sale, in this state, shall be plainly
branded or stenciled with bold-faced
black letters and figures, at least one
(1) inch in length, on the head of said
barrel, cask, or keg, giving the name of
the kind of vinegar contained therein,
the name of the substance or substances
from which it is made, and the name
and location of the manufacturer manu
facturing the same. Also the per centum
of strength of the vinegar contained in
the said barrel, cask or keg.
Sec. 5. All cider vinsgar as defined
in section one (1) of this act, shall have
an acidity equivalent to not less than
four and one-half (4%) per centum by
weight of acetic acid, and shall contain
'n addition not than two (2) per
centum by weightlesf os cider vinegar solids
upon full evaporation over boiling water
and if Any cider vinegar contains any
artificial coloring matter or less than
the above prescribed acidity and solids,
it shall be deemed to be adulterated with
in the meaning of this act, and the per
son manufacturing, selling or exposing
for sale shall be deemed guilty of a. mis
demeanor.
Sec. 6. Whoever violates any of the
provisions of this act shall be deemed
o-uilty of a misdemeanor and be punished
by a fine of not less than twenty-five (25)
dollars nor more than seventy-five (75)
dollars and costs, or by imprisonment not
exceeding ninety (90) days.
Sec. 7. All acts and parts of acts in
consistent with the provisions of this ^ct
are hereby repealed
Sec. 8. This act shall take effect and
be in force from and after the first day
of June, 1903.
Approved March 13, 1903.
CHAPTER 58S. F. NO. 95.
A N ACT to amend chapter forty-six (46)
of the General Laws of one thousand
eight hundred and eighty-nine (1889),
being an act to establish a probate code,
so as to authorize probate courts to ap
point special guardians.
Be it enacted by the legislature of the
State of Minnesota:
Section 1. That chapter forty-six (46)
of the General Laws of one thousand
eight hundred and eighty-nine (1889), be
and the same is hereby amended by add
ing after section 167 of said chapter 46
the following:
Section 167A. When there shall be delay
in appointing guardians for the estate or
person of minors, from any cause, or
iC^kv
GKNEKAL LAWS OF MINNESOTA PASSED AT THE LEGISLATIVE SESSION OF 1903.
when it shall appear to the satisfaction
of the court to be necessary, the probate
court may appoint a special guardian for
such minor to act until the matter caus
ing the delay shall be disposed of, or the
necessity therefore cease to exist and a
guardian is appointed. Such special
guardian may be appointed without notice
and no appeal shall be allowed from the
appointment of such special guardian.
All the provisions of section 137 of said
chapter 46, General Laws of 1889, shall
apply to such special guardian so far
as the same are applicable, and upon the
filing and approval of the bond so pro
vided for special letters of guardianship
shall issue to the person appointed.
Section 167B. Such special guardian shall
have the same powers and perform the
same duties with regard to the person or
estate of the ward as a guardian. Pro
vided, that no special guardian appointed
under the provisions of this act shall
have any power to institute any proceed
ings for the saj.e or mortgaging of any
real estate belonging to any such ward,
nor shall any such guardian have any
power to sell or dispose of any personal
estate belonging to any such ward with
out license therefore from the proper
probate court.
Sec. 2. This act shall take effect and
be in force from and after its passage.
Approved March 14, 1903.
CHAPTER 59-S. F. No. 129.
A N ACT to provide for the filing and
recording in offices of registers of deeds
of attested copies of wills and of the
probate thereof, affecting lands or in
terests in lands, and to legalize any
such record heretofore made.
Be it enacted by the legislature of the
state of Minnesota.
Section 1. An attested copy of every
will and of the probate thereof, devising
lands or any interest in lands, shall be
recorded in the office of register of deeds
of the county in which such land is situ
ated.
Sec. 2. That in all eases where any
duly attested or authenticated copy "of
any will and the probate thereof affect
ing lands or Interest in lands has here
tofore been actually recorded in the office
of the register of deeds in the county in
this state where any of the lands af
fected by such will are situated, such
record is hereby in all respects legalized
and made valid and such record shall be
admissable in evidence and shall have the
same force and effect in all respects as
though such recording was duly author
ized by law at the time of the making
of the same. Nothing In this section
of this act shall apply to any action or
proceeding now pending in any court.
Sec. 3. This act shall take effect and
be in force from and after its passage.
Approved March 14, 1903.
CHAPTER 60S. F. NO. 177.
A N ACT to amend sections two thou
sand three hundred and fifteen (2315)
and two thousand three hundred and
seventeen (2317) of the General Statutes
of one thousand eight hundred and nine
ty four (1894) relating to the vacation
of town plats.
Be It enacted by the legislature of ethe
State of Minnesota
Section 1. That section one (1) of chap
ter thirty-one (31) of the General Laws
of one thousand eight hundred and sixty
nine (1869), the same being section two
thousand three hundred and fifteen (2315)
of the General Statutes of one thousand
eight hundred and ninety-four (1894) be
and the same is hereby amended so as to
read as follows:
Section 2315. The district courts are au
thorized and empowered upon application
made by one or more of the proprietors
of any city, town or of any addition to
any city or town, or of any part of any
city, town or addition thereto, within
their district, to alter or vacate the same,
or any part thereof, Including streets,
alleys and public squares, and to ad
judge and declare the title to such streets,
alleys and public squares in such persons
as are entitled to the same provided, that
no decree or order of vacation shall be
granted until all taxes assessed against
the property to be vacated shall have been
paid.
Sec. 2. That section fourteen (14) of
chapter twenty-nine (29) of the Revised
Statutes of one thousand eight hundred
and sixty-six (1866), the same beine sec
tion two thousand three hundred and sev
enteen (2317) of the General Statutes of
one thousand eight hundred and ninety
four (1894) be and the same is hereby
amended so as to read as follows:
Section 2317. If such proprietor produces
to said court satisfactory evidence, that
the notice required by law has been given,
the court shall proceed to hear asd de
termine said petition,- and may alter and
vacate said city or town or additions, or
any part thereof, by its order and decree,
which shall be recorded*by the clerk of
said court in the records of said court, a
certified copy of which shall be recorded
in the office of the register of deeds of
the county in which said city, town or
addition is situated, and also filed in the
office of the county auditor of such coun
ty. But no street or alley, or any part
thereof, shall be vacated between blocks
or lots or which connect two parts of
the city, town or addition, except such
blocks or lots or one part of the city,
town or addition so connected, is also
vacated, unless, however, it appears to the
satisfaction of the court that such street
or alley or part thereof, sought to be
vacated is useless for the purpose for
which the same was laid out or dedicated
provided, that if, upon the hearing of said
application any objection is made by any
person owning or occupying contiguous
land, and whose interest will be injurious
ly affected by such proposed vacation, the
court shall hear him, and give judgment
as seems rieht and proper provided fur
ther, that whenever, in the judgment of
the court, the parties resisting "such va
cation or alteration will sustain, by the
same damages greater that (than) the
benefits resulting therefrom, the court is
empowered to assess the said damages or
cause the same to be assessed, and re
quire the payment of the same by the par
ties making the application, before the
said vacation or alteration shall take ef
fect
Sec. 3. This act shall take effect and be
in force from and after its passage.
Approved March 14, 1903.
CHAPTER 61S. F. NO. 150.
A N ACT providing for the transportation
and instruction of scholars of one school
district in an adjoining district or dis-
Be it enacted by the legislature of the
State of Minnesota:
Section 1. When, in the opinion of the
board of trustees of any school district
of this state. It would be for the best in
terests of said district to dispense with
the holding of school in said district, it
is competent for said board of trustees,
and it shall be the duty of said board of
trustees to arrange with the board of
trustees of any adjoining district or dis
tricts for the instruction of such children
of said district who may attend school
in such other district. It shall be the
duty also of the board of trustees in said
district In which no school is held to pro
vide for the transportation of the chil
dren of their school district to and from
the school in such district or districts to
which thev may be sent. The cost and
expense of such instruction and trans
portation of such children shall be paid
by the board of trustees of said district
in which no school is held out of any
funds belonging to such district. The
clerk of the district, where no school is
kept, shall furnish to the teacher of such
adjoining district or districts a register,
and it shall be the duty of the teacher
to keep a separate dally record of at
tendance of the scholars from such ad
joining district and of such other matters
as the law requires, and such teacher, in
addition to the reports required by law
to be made for the district in which the
school is kept, shall make similar sepa
rate reports to the clerk of such adjoin
ing district and to the county superin
tendent of schools, and such record shall
be so kept and reports so made that no
pupil from such district where no school
is kept shall draw apportionment for any
other district than the one in which he
resides and there be counted only one
Sec. 2. The school district so educating
the children in an adjoining district or
districts shall retain its organization and
receive its portion of public money as
before.
Sec. 3. This act shall be in force from
and after its passage.
Approved March 16, 1903.
CHAPTER 62S. F. NO. 105.
A N ACT to legalize conveyances of real
property and the record thereof in
which the land is correctly described,
but the county in which the same is
situated is not correctly named.
Be it enacted by the legislature of the
State of Minnesota:
Section 1. That all conveyances of real
estate heretofore recorded in the several
counties of the Statet of Minnesota in
which such real estate is situated, which
conveyances correctly describe the real
estate conveyed, but which erroneously
state that the same is in a county other
than that in which said land is situate,
and which in all other respects are
executed according to the laws of this
state be and the same hereby are, to
gether with the record of such convey
ances, legaUzed and made good and valid.
Provided, however, that this act shall
not apply to any actions now pending,
and shall not apply to any instruments
describing lands by other than subdi
visions prescribed by the federal land
Sec 2. This ac"t shall take effect and
be in force from and after Its passage.
Anproved March 16. 1903.
M^y^ii! %L
:JfiMuijm:if!iiti
Defective Page
CHAPTER 63S. F. 210.
A N ACT to grant to religious corpora
tions, either jointly or severally, the
powers and privileges conferred by sec
tions 3130, 3131. 3132, 3133. 3134 and
3135 of the General Statutes of the
State of Minnesota for 1894 and all
acts amendatory thereof, relating to
private cemeteries, and to acquire cem
etery lands and property of cemetery
associations
Be it enacted by the legislature of the
State of Minnesota:
Section 1. That religious corporations
created under the provisions of title four
(4) of chapter thirty-four (34) of the Gen
eral Statutes of the State of Minnesota,
1894, and all acts amendatory thereof,
and all religious corporations now exist
ing or hereafter created by virtue of the
laws of the State of Minnesota are
jointly and severally granted all the
powers, privileges and authorities con
ferred by the provisions of sections 3130,
3131. 3132, 3133, 3134 and 3135, General
Statutes of the State of Minnesota, 1894,
and all acts amendatory thereof, sub
ject, however, to the limitations and con
ditions therein provided.
Sec. 2. That one or more religious cor
porations, either jointly or severally,
may acquire by gift, purchase or other
wise the cemetery lands and property of
any cemetery association or private cem
etery, now or hereafter created or exist
ing under the laws of this state, and
such cemetery association and the owner
or owners of such private cemetery are
authorized and empowered to convey to
such religious corporation or corpora
tions any cemetery land and property so
acquired.
Sec. 3. That such religious corporation
or corporations may sell and convey such
cemetery lots as provided in section 3133,
General Statutes of the State of Minne
sota, 1894. and all acts amendatory there
of provided, however, that the deeds of
conveyance may be executed by the
treasurer or treasurers of such religious
corporation or corporations, or by any
one or more of such trustees thereof,
after being duly authorized so to do by
resolution of the trustees of such re
ligious corporation or corporations.
Sec. 4. All acts or parts of acts In
consistent with, this act are hereby re
pealed.
Sec. 5. This act shall take effect and
be in force from and after its passage.
Approved March 19, 1903.*
CHAPTER 64S. F. 185.
A N ACT to amend section nine hundred
twenty-eight (928) of the General Stat
utes of eighteen hundred ninety-four
(1894), relating to the election of super
visors and other town officers.
Be it enacted by the legislature of the
State of Minnesota:
Section 1. That section nine hundred
twenty-eight (92S) of the General Stat
utes of eighteen hundred and ninety-four
(1894) be amended so as to read as fol
lows:
Section 928. There shall be elected in the
year 1904, at the annual town meeting
in each town, three supervisors, one of
whom shall be elected for three (3) years,
one for two (2) years, and one for one
(1) year, so that one shall go out each
year, The number of years for which
each is elected shall be indicated on the
ballot, and one shall be designated and
known as chairman. At each annual
town meeting thereafter one supervisor
shall be elected for three years to fill
the place of the one whose term expires
at that time. There shall also be elect
ed at the annual town meeting in each
town one town clerk, one treasurer, one
assessor, two justices of the peace, two
constables and one overseer of highways
for each road district in said town but
justices of the peace and constables shall
be elected only once In two years, except
to fill vacancies.
Sec. 2. This act shall take effect and be
in force from and after Jan. 1, 1904.
Approved March 19, 1903.
CHAPTER 65-S. F. NO 391.
A N ACT to fix the time for holding the
general terms of the district court in
the county of Douglas In the Seventh
judicial district in the State of Minne
sota.
Be it enacted by the legislature of the
State of Minnesota:
Section 1. The general terms of the dis
trict court in and for the county of
Douglas, in the Seventh judicial district,
State of Minnesota, shall be held upon
the fourth (4th) Monday of February and
the second (2d) Monday of September In
each year.
Sec. 2. All acts or parts of acts incon
sistent with this act are hereby re
pealed.
Sec. 3. This act shall take effect and
be in force from and after its passage.
Approved March 19, 1903.
CHAPTER 66-H. F. NO. ML
A N ACT entitled an act to enable and
authorize the board of county commis
sioners of any county In this state hav
ing more than one hundred and fifty
thousand inhabitants, according to the
last then completed state or national
census, to Issue certificates of indebted
ness to fund the floating Indebtedness of
said county existing on February first,
A. D. one thousand nine hundred and
three (1903), and to levy taxes for the
payment thereof.
Be It enacted by the legislature of the
State of Minnesota:
Section 1. The board of county com
missioners of any county In this state,
having more than one hundred and fifty
thousand inhabitants, according to the
last then completed state or national
census, is hereby authorized and em
powered to issue at any time prior to the
1st day of May, in the year one thousand
nine hundred and three (1903), the cer
tificates of indebtedness of said county
for such an amount as may be necessary
for the purpose of funding the floating in
debtedness of said county, which said
floating indebtedness exists on the first
day of February. A. D. one thousand
nine hundred and three, and which indeb
tedness has not existed for more than five
years, said certificates of indebtedness
and the proceeds thereof shall be used
for no other purpose, and this act shall
not relate to any floating indebtedness of
any county, the floating Indebtedness of
which is Involved in any action pending
at the time of the passage and approval
of this act.
Sec. 2. Said certificates of Indebtedness
shall be in such sums as the board of
county commissioners shall determine,
and shall bear interest at the rate of not
exceeding 4 per cent per annum, payable
semi-annually. The principal of said cer
tificates of indebtedness shall become
due and payable at such time or times
as the board of county commissioners
shall determine, subject, however, to the
following limitations, to-wit: At least
one-fifth of the said certificates shall be
come due and payable not more than one
year from their date, at least one-fifth
not more than two years from their
year from their date, at least one-fifth
not more than three years from their
date, at least one-fifth not more than
four years from their date, and the bal
ance not more than five years from their
date, and no existing law permitting the
refunding or extension of the time of
payment of the obligations of any coun
ty shall have any application to cer
tificates of indebtedness issued here
under.
Sec. 3. The certificates of Indebtedness
issued under this act shall be signed by
the chairman of the board of county com
missioners and attested by the county au
ditor and sealed with his official seal,
and be made payable at such place as
the board of county commissioners shall
by resolution determine. Attached to each
certificate shall be Interest coupons evi
dencing the semi-annual installments of
interest to fall due on the same, and
which interest coupons shall be attested
by the fac simile of the signature of the
chairman of the board of county com
missioners and of the county auditor.
Sec. 4. The board of county commis
sioners shall annually after the date of
the Issuance of said certificates of indebt
edness levy a tax upon the taxable prop
erty of the county, in addition to all
other taxes levied, sufficient to pay tfce
interest annually accruing upon the cer
tificates of indebtedness issued in pur
suance of this act, and In advance of the
maturity of the principal of any of said
certificates shall In like manner levy a
tax upon the taxable property of said
county sufficient to pay such principal
when due.
Sec. 5. Before any such county shall
be authorized to issue any certificates of
indebtedness, as herein authorized, the
county auditor shall give notice by ad
vertisement published for at least one is
sue in each of at least two consecutive
weeks in the official newspaper of said
countv that bids will be received at his
office for the sale of such certificates at
the time to be named in such advertise
ment. The county auditor shall sell such
certificates to the highest bidder or bid
ders but in no case for less than par.
Sec. 6. This act shall take effect and
be in force from and after its passage.
Approved March 19, 1903.
CHAPTER 67H. F. NO. 438.
A N ACT to amend chapter forty-four
(44) of the General Laws of 1897, en
titled "An act authorizing and empow
ering deputy county auditors to admin
ister oaths in their respective counties
and to certify the same under the seal
of the county auditor."
Be it enacted by the legislature of the
State of Minnesota.
Section 1. That section one (1) of chap
ter forty-four (44) of the General Laws of
the State of Minnesota for 1897 be amend
ed so as to read as follows:
Section 1. That in all counties In this
state the deputy county auditors, duly
appointed and qualified, are by this act
authorized and empowered to administer
oaths and take acknowledgments in their
respective counties and to certify the
same under the seal of the county audi
tor.
Sec. 2. This act shall take effect and
be In force from and after its passage.
Approved March 19. 1003.
CHAPTER 68H. F. NO. 102.
A N ACT fixing the times for holding the
general terms of the district court in
the several counties of the Sixteenth
judicial district.
Be It enacted by the legislature of the
State of Minnesota:
Section 1. The general terms of the dis
trict court in the several counties of the
Sixteenth judicial district of this state
shall be held each year as follows:
In the county of Stevens, on the third
Monday in March and the second Monday
in October.
In the county of Big Stone, on the
second Monday In May and the second
Monday in November.
In the county of Grant, on the fourth
Monday in May and the fourth Monday
in October
In the county of Traverse, on the third
Monday in June and the third Monday
in November.
In the county of Wilkin, on the first
Monday in June and the second Monday
in December.
In the county of Pope, on the second
Monday in June and the first Monday
in December.
Sec. 2. The grand Jury, if one is drawn
for any of said terms of court, shall be
summoned to appear on the" first day
thereof, and the petit jury shall be sum
moned to appear on the second day of
each of said terms, on^-which second day
the trial of cases shall commence.
Sec. 3. All acts and parts of acts In
consistent with this act are hereby re
pealed.
Sec. 4. This act shall take effect and
be in force from and after its passage.
Approved March 19, 1903.
CHAPTER 69-H. F. NO. 878.
A N ACT to regulate the hours of em
ployment of locomotive engineers and
locomotive firemen, and to provide a
penalty for violation thereof.
Be It enacted by the Legislature of the
State of Minnesota:
Section 1. On all lines of steam rail
roads or railways operated in whole or
in part within this state the time of labor
of locomotive engineers or locomotive
firemen employed in running or operating
the locomotive engines on or over such
railroads or railwavs shall not at any
time exceed fourteen (14) consecutive
hours without an opportunity be given
them for rest. At least nine (9) hours, or
as many hours less than nine (9) as is
asked for bv said engineers or firemen,
shall be allowed them for rest before said
engineers or firemen are again ordered
or required to go on duty provided, how
ever, that nothing in this section shall
be construed to allow any engineer or
fireman to desert his locomotive In case
of accident, storms, wrecks, washouts,
snow blocades or any unavoidable delay
arising from like causes, or as prohibiting
3aid engineers or firemen from working
longer If they do not object.
Sec 2 Any railroad company or su
perintendent, chief dispatcher, trainmas
ter, master mechanic or other railroad
or railway official who shall order or re
quire any locomotive engineer or loco
motive fireman to labor contrary to tho
provisions of section one (1) of this act
shall be deemed guilty of a misdemeanor
ind on conviction thereof shall be pun
ished by a fine of not less than twenty
five (25) dollars or more than one hun
dred (100) dollars, or by imprisonment
for not less than thirty (30) days or more
than sixtv (60) days and all railroad or
railway corporations operating lines or
railways or railroads. In whole or In part
in this state, shall be liable for all in
juries to said engineers or firemen re
sulting from their being required to labor
contrary to the provisions of section one
(1) of this act
Sec. 3. All acts and parts of acts Incon
sistent with the provisions of this act are
hereby repealed.
Sec. 4. This act shall be In force upon
and after its passage.
Approved March *9, 1903.
CHAPTER 70- H. F. NO. 261.
A N ACT to amend sections two (2) and
five (5) of chapter two hundred (200) of
the General Laws of 1899, being an act
entitled "An act to amend chapter one
hundred and seven (107) of the General
Laws of 1883, as amended by chapter
three (3) of the General Laws of 1885,
and by chapter two hundred thirty-four
(234) of the General Laws of 1889. re
lating to annuity, safe deposit and trust
companies."
Be it enacted by the legislature of the
State of Minnesota:
Section 1. That section four (4) of
chapter one hundred and seven (107) of
the General Laws of eighteen hundred
and eighty-three (1883), as amended by
chapter three (3) of the General Laws of
eighteen hundred and eighty-five (1885),
and by chapter two hundred and thirty
four (234) of the General Laws of eight
een hundred and eighty-nine (1889), and
by section two (2) of chapter two hundred
(200) of the General Laws of eighteen
hundred and ninety-nine (1899), be and
the same hereby is amended, so as to
read as follows:
Section 4. No such corporation hereafter
organized (hall be authorized to transact
any business, or exercise any powers as
such, until two hundred thousand (200,000)
dollars of its capital stock shall have
been actually paid in, of which not less
than fifty thousand (50,000) dollars shall
be invested and deposited as hereinafter
provided. Said fifty thousand (50,000)
dollars shall be invested in the bonds of
the United States, or in bonds or obliga
tions of the State of Minnesota, or In the
bonds of other states, or in the bonds or
obligations of the City of St. Paul, Min
neapolis, or Duluth, or in the bonds or
obligations of any incorporated city or
village of this state, containing a popula
tion of not less than three thousand
(3,000) souls, as determined by the then
next preceding national or state census,
which bonds or obligations have not been
issued as a bonus for, or purchase of, or
subscription to any railroad or other pri
vate enterprise, and whose total bonded
indebtedness does not exceed ten (10) per
centum of the then assessed valuation of
the real and personal property of said
city or village or in the bonds or obliga
tions of any organized county in this
state containing a population of not less
than ten thousand (10,000) souls, as de
termined by the then last census as afore
said, which bonds have not been issued
for any of the purposes aforesaid, and
whose total bonded indebtedness does not
exceed ten (10) per centum of the then
assessed valuation of the real and per
sonal porperty of such county or in the
bonds or obligations of any legally or
ganized school district, whose total in*
debtedness does not exceed ten (10) per
centum of the then assessed valuation of
the real and personal property, of such
district or in the bonds or obligations of
any city of the United States containing
a population of not less than twenty-five
thousand (25,000) souls, as determined by
the then next preceding national or state
census, which bonas or obligations have
not been Issued as a bonus for, or pur
chase of. or subscription to any railroad
or other private enterprise and whose
bonded indebtedness does not exceed ten
(10) per centum of the then assessed
valuation of the real and personal prop
erty of such city or in the mortgage
bonds of any railroad company, which
are secured by a first lien, or issued to
replace and retire mortgage bonds which
are secured by a first lien,
uponprovide
road within the UP
a rail-
1 States
said railroad company has earned and
paid regular dividends of not less than
four per centum per annum on its entire
capital stock for at least three (3) years
next preceding such Investment which
shall have the approval of the public ex
aminer. The guaranty fund of any such
corporation heretofore organized, may
consist of such securities as are herein
before authorized, or, of such as are au
thorized under the existing law. And
any corporation which has been hereto
fore organized and qualified to do busi
ness under this act, that shall deposit
with the state auditor as its required
deposit bonds of the character aforesaid,
of the par value of not less than fifty
thousand (50,000) dollars, nor less than
one-fourth of its outstanding paid
capital stock, shall be allowed at any
time thereafter to withdraw Its other
deposits or securities with the state audi
tor so that the whole deposits of such
corporation shall amount to not less than
fifty thousand (50,000) dollars in such
bonds, nor less than one-fourth of its
outstanding paid capital stock. And any
corporation which has been heretofore, or
that shall hereafter be, organized and
auallfled to do business under this act,
shall be allowed at any time hereafter to
increase Its deposits of securities with the
state auditor, so that the whole deposit
of such corporation shall amount to two
hundred thousand (200,000) dollars, such
excess of deposits over and above the
amount required by this act to be kept
on deposit may be in bonds of the char
acter aforesaid or in bonds or promis
sory notes secured by first (1st) mortgage
or deeds of trust, upon unincumbered
real estate worth double the amounts of
the obligations so secured.
Sec. 2. That section ten (10) of chapter
one hundred and seven (107) of the Gen
eral Laws of eighteen hundred and
eighty-three (1883), as amended by chap
ter three (3) of the General Laws of
eighteen hundred and aighty-flve (1885),
and by chapter two hundred and thirty-
four (234) of the General Laws of eight,
een hundred and eighty-nine (1889), and
by section five (5) of chapter two hundred
(200) of the General Laws of eighteen
hundred and ninety-nine (1899), be, ana
the same hereby is amended, so as ta
read as follows:
Section 10. Any sum of money not lesj
than one hundred (100) dollars, which
shall be collected or received by any such
corporation, neretofore or hereafter or
ganized in its capacity of executor, ad
ministrator, or guardian, or upon anv
deposit under any order of any court ot
record, and which money shall not be re
quired for the purposes of such trust, or
is not to be accounted for, within one (1)
year from date of such collection, receipt
or deposits, shall be invested by such cor
poration as soon as practicable, and in
such securities as are mentioned in sec
tion four (4) of said act, as herein amend
ed, either then held by it or then spe
cially procured by it and the net interest
and profits of such investments, less the
reasonable charges and disbursements of
said corporation, in tho premises, shall bo
accounted for and paid over as a part of
such trust and the net accumulations of
such interest and profits thereon, shall
likewise be invested and reinvested as a
part of such principal. And such Invest
ments shall be received and allowed by
the probate, or other court, in the settle
ment of such trust.
And every such corporation shall keep.
In addition to its general books of ac
count, separate trust account book or
books, in which shall be entered and kept
all trust accounts. All such trust ac
counts shall at all times be kept separate
and distinct from the general accounts of
such corporation. All funds and property
received or held by such corporation in
any trust capacity, as administrator, ex
ecutor, guardian, receiver, assignee, or
trustee, shall be entered in such trust ac
count books and be at all times kept
separate and distinct from all other funds
and property of such corporation.
All deposits in any bank, or other in
stitution, made by such corporation, of
funds received or held by it in any such
trust capacity, shall be deposited as trust
funds, and not In its individual name,
put as trustee, and not in any account
In which any of Its own funds shall be
deposited.
Every security in which such trust
funds or property shall be by such cor
poration Invested, shall at once be in
dorsed and transferred to it as trustee,
executor, administrator, guardian, re
ceiver or assignee, as the case may be,
and entered in the proper books of such
corporation as belonging to the particular
trust the funds of which shall have been
Invested therein And anv change in such
Investment shall be credited, charged, or
entered under or in the account of the
particular trust to which the same be
long, to the end that all trust funds, se
curities and property shall be at all times
capable of immediate identification ?s
belonging to the trust funds of said cor
poration separate and distinct from its
general property and funds. If any spe
cial direction, agreement or trust is im
posed upon, made or conferred in and by
ihe order, judgment or decree of any
court, or by the terms and conditions of
any last will and testament, or other
document, contract, conveyance, or other
written instrument, as to the particular
manner of keeping or investing, or as to
the particular manner which, or the
particular class or kinds of securities,
funds or property the same shall be in
vested in, then the said corporation shall
lollow and carry out such order, judg
ment, decree or other appointment, con
tract, deed, conveyance, or other written
instrument.
Sec. 3 This act shall take effect and
be in force from and after its passage,
and all acts or parts of acts inconsistent
with this act are herebv repealed.
Approved March 19. 1903.
CHAPTER T1H. F. No. 170.
A N ACT to amend sections seven (7),
eight (8), and fifteen (15) of chapter
twenty-three (23) General Laws of eigh
teen hundred and sixty-seven (1867) as
amended, entitled an act to provide for
the Incorporation of savings associa
tions.
Be it enacted by the legislature of the
state of Minnesota.
Section 1. That section seven (7) of the
above mentioned act be and hereby i?
amended to read as follows.
Section 7. The general business and ob
ject of such corporation shall be to receive
on deposit such sums of money as may
from time to time be offered therefor by
mariners, tradesmen, clerks, mechanics,
laborers, minors, servants and others, and
to invest the same for the use. interest
and advantage of said depositors and
their legal representatives as hereinafter
prescribed by this act and the said cor
poration shall receive on deposit all sums
of money which may be offered for the
purpose of being invested as aforesaid,
which shall as soon as practicable be
invested accordingly, and shall be repaid
to such depositors when required, at such
times, with such Interest, and under such
regulations as the board of trustees shall
from time to time prescribe, which regu
lations shall be put in some public and
conspicuous place in the room where the
business of such corpoiation shall
be transacted but no by-law or reg
ulation shall be adopted by said
trustees whereby any sum amount
ing to one dollar or upwards shall
be refused by such corporation, when
offered as a deposit by any Individual,
and the regulations so adopted shall not
be altered so as to affect any deposit
previously made, except that a maximum
sum to the credit of any one depositor
may be established under the by-laws of
the board of trustees.
No president, trustee or officer or ser
vant of such corporation, shall directly
or indirectly borrow the funds of such
corporation, or its deposits, or in any
manner use the same in their private
affairs or business. All certificates or
other evidences of deposit made by the
proper officer of such corporation shall
be as binding upon the corporation as if
made under the common seal. It shall
be the duty of the trustees of said cor
poration to regulate the rates of interest
to be allowed depositors but said trus
tees shall receive no pay, salary, emolu
ment or profit until after inteiest shall
have been duly allowed the depositors at
the rate and in accordance with the rules
and regulations of the institution, estab
lished by the board of trustees.
Sec. 2. That section, eight (8) of said
chapter twenty-three (23) of the general
laws of the year eighteen hundred and
sixty-seven (1867), as said section has
since been amended, be, and the same is
hereby further amended, so that here
after it Bhall read as follows:
Section 8. At leas.t half of the whole
amount deposited shall be invested.
FirstIn the bonds or interest-bearing
notes or obligations of the United States,
or those for which the faith of the
United States is pledged for the payment
of the interest and principal.
SecondIn the bonds of any state In the
Union, provided that such state has not
within ten (10) years previous to making
such investment by such corporation de
faulted in the payment of any part of
the principal of interest on any debts
authorized by any legislature of such
state to be contracted, and of the state
of Minnesota, issued since one thousand
eight hundred and sixty (1860).
ThirdIn the bonds of any city, county,
town, village or school district in the
Btate of Minnesota, Wisconsin, Iowa.
North Dakota, South Dakota, Illinois,
Indiana, Ohio or Michigan, or in any
warrants or interest-bearing obligations
issued by the said states or counties in
said states, or city or city board, town,
village or school district within the
county in which such banks shall be situ
ated, or in the bonds of any city, county,
town, village or school district of the
United States, which city, county, town,
village or school district had at least five
thousand (5,000) inhabitants as determin
ed by the state or United States census
taken next preceding the issue of bond*
tendered provided, that the bonded in
debtedness of any such city, county, town,
village or BChool district BO tendering
bonds shall not exceed ten per centum
upon the assessed valuation of such city,
county, town, village or school district at
the time of the issue of the bonds
tendered.
FourthIn notes secured by mortgage
on unincumbered real estate situate in the
states of Minnesota, Wisconsin, Iowa.
North Dakota or South Dakota, and
worth at least twico the amount loaned
thereon but in case the loan is on un
improved or unproductive real estate the
amount loaned thereon shall not be more
than thirty (30) per cent of its actual
value, and no investment in any bond
and mortgage shall be made by any sav
ings bank except upon the report of a
committee charged with the duty of in
vestigating the same, and who shall certi
fy to the value of the premises mort
gaged, or to be mortgaged, according to
their best judgment, and such report shall
be filed and preserved among the rec
ords of the institution.
FifthThe remaining one-half may
be invested in said bonds or loaned on
the aforesaid securities or upon approved
Eonds
ersonal or collateral security or in the
of any railroad company as here
inafter provided, or used to buy and sell
exchange but no loan shall be made
upon the personal security of less than
two responsible individuals.
SixthIn the bonds of any railroad com
Dany or the successor of any railroad
company, which has received a land grant
from the government of .the United
States, and which are secured by first
lien upon Its railroad.
SeventhIn the bonds of any other rail
road company, which are secured by first
lien upon a railroad within the United
States or in the mortgage bonds of any
.s. 'i*^^'

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